Davidson v. Laclede Land & Improvement Co.
Supreme Court of Missouri
Appeal from Reynolds Circuit Court. — Eon. Joseph J. Williams, Judge. (1) The amended petition upon which the ease was tried fails to state facts snfficent to constitute a •cause of action. Turner v. Hunter, 225 Mo. 71; Verden v. St. Louis, 131 Mo. 112. (2) The petition will not support a judgment for lack of any averment therein of the capacity of the defendant to be sued. The' burden was on the respondents, to plead such capacity. Railroad v. Express Co., 145 Mo.
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Appeal from Reynolds Circuit Court. — Eon. Joseph J. Williams, Judge. (1) The amended petition upon which the ease was tried fails to state facts snfficent to constitute a •cause of action. Turner v. Hunter, 225 Mo. 71; Verden v. St. Louis, 131 Mo. 112. (2) The petition will not support a judgment for lack of any averment therein of the capacity of the defendant to be sued. The' burden was on the respondents, to plead such capacity. Railroad v. Express Co., 145 Mo. App. 375; 5 Ency. PI. & P.r. 73. (3) The judgment of the •court should have been for the appellant, since it was. admitted by the…
1Opinion of the Court
BLAIR. C.
This is an appeal from a judgment of the Reynolds Circuit Court setting aside and cancelling a tax deed and quieting in respondents the title, to the west half’ of section 34, township 32, range 2 west, in Reynolds county.
In 1859 the land in question was patented to Joshua P. Hancock. Respondents are his widow and heirs, who claim a one-half interest, having conveyed a like interest to the remaining respondent, January.. Hancock died intestate in 1889, owning the land involved here unless his title was devested by the proceedings culminating in the tax deed assailed.
As grounds for…
2Cases cited8 opinions
- Cummings v. BrownSupreme Court of Missouri · 1904
- Spore v. Ozark Land Co.Supreme Court of Missouri · 1905
- Kelly v. MurdaghSupreme Court of Missouri · 1904
- Otis v. EppersonSupreme Court of Missouri · 1885
- Sanzenbacher v. SanthuffSupreme Court of Missouri · 1909
3 more not listed; retrieve them via the Exa API.
3Cited by8 opinions
- Causey v. WittingSupreme Court of Missouri · 1928
- Carpenter v. KurnSupreme Court of Missouri · 1940
- White v. ShipleyUtah Supreme Court · 1916
- Pruitt v. St. Johns Levee & Drainage DistrictSupreme Court of Missouri · 1937
- Mayhew v. Mut. Life of IllinoisMissouri Court of Appeals · 1924
3 more not listed; retrieve them via the Exa API.